Antigua and Barbuda’s Electronic Crimes Act, 2013

The Electronic Crimes Act of 2013 was established by the government of Antigua and Barbuda in response to the rise of cybercrimes impacting individuals, corporations, and government infrastructure. As technology and internet usage grew, so did the associated risks of unauthorised access, data manipulation, digital harassment, fraud, and threats to privacy and national security. This legislation aims to provide a comprehensive legal framework to safeguard electronic systems, regulate online behaviour, and ensure accountability for misuse of technology. The Act is designed to protect citizens, organisations, and government entities from various electronic crimes that may compromise privacy, financial security, or public safety. Given the global and interconnected nature of the internet, this legislation also aligns Antigua and Barbuda’s legal framework with international standards, promoting cooperation with other countries in cases of cross-border cybercrime.

The Act is organised into four main parts that delineate specific offences, investigative powers, penalties, and legal protections:

1. Part I – Preliminary Provisions: This section establishes the scope and terminology used in the Act. It defines critical terms such as ‘access,’ ‘data,’ ‘encryption,’ and ‘traffic data,’ providing clarity on technical jargon and ensuring consistency in interpretation throughout the Act. By defining these terms, the legislation aims to ensure that both legal and technological professionals clearly understand the law’s requirements and implications.
2. Part II – Offenses: This is the core section, detailing various electronic crimes, from unauthorised access and identity theft to cyber-terrorism and child exploitation. Each offence is described with specific actions that constitute a violation, providing clear boundaries for lawful and unlawful digital activities. For instance, the Act criminalises unauthorised access to electronic systems, misuse of data, electronic fraud, harassment via electronic means, and misuse of sensitive systems.
3. Part III – Investigations and Procedures: This part outlines the powers granted to law enforcement agencies for investigating and prosecuting electronic crimes. It details the legal procedures for data preservation, search and seisure, real-time traffic data collection, and emergency tracking. These provisions are crucial for ensuring that authorities can effectively respond to cybercrimes, maintain digital evidence integrity, and respect individual rights.
4. Part IV – Miscellaneous Provisions: The Act concludes with additional procedural details, such as the institution of criminal proceedings, penalties for corporate bodies, and provisions for extradition. For instance, it clarifies that corporations can be held liable for electronic crimes and establishes protocols for cooperation with foreign jurisdictions when offences have international implications.